| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to political contributions and political expenditures; |
|
|
providing civil penalties; creating criminal offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 251.005(d), Election Code, is amended to |
|
|
read as follows: |
|
|
(d) An out-of-state political committee that does not file a |
|
|
campaign treasurer appointment shall comply with Sections |
|
|
[Section] 254.1581, 254.161, and 254.261. |
|
|
SECTION 2. Section 253.031, Election Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
|
follows: |
|
|
(b) A general-purpose [political] committee may not |
|
|
knowingly accept political contributions totaling more than $3,000 |
|
|
[$500] or make or authorize political expenditures totaling more |
|
|
than $3,000 in a calendar year [$500] at a time when a campaign |
|
|
treasurer appointment for the committee is not in effect. |
|
|
(b-1) A specific-purpose committee may not knowingly accept |
|
|
political contributions totaling more than $1,000 or make or |
|
|
authorize political expenditures totaling more than $1,000 in a |
|
|
calendar year at a time when a campaign treasurer appointment for |
|
|
the committee is not in effect. |
|
|
SECTION 3. The heading to Section 253.037, Election Code, |
|
|
is amended to read as follows: |
|
|
Sec. 253.037. RESTRICTION [RESTRICTIONS] ON CONTRIBUTION |
|
|
[OR EXPENDITURE] BY GENERAL-PURPOSE COMMITTEE. |
|
|
SECTION 4. Section 253.040, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 253.040. SEPARATE ACCOUNTS FOR CANDIDATES AND |
|
|
OFFICEHOLDERS. (a) Except as provided by Subsection (b) or |
|
|
Section 253.0351(c), each candidate or officeholder shall deposit |
|
|
all of [keep] the person's campaign and officeholder contributions |
|
|
in one or more accounts that are separate from any other account |
|
|
maintained by the person, not later than the fifth day after the |
|
|
date the candidate or officeholder accepts the contribution. |
|
|
(b) A candidate or officeholder who does not accept |
|
|
political contributions that in the aggregate exceed $3,000 in a |
|
|
calendar year is not required to deposit political contributions in |
|
|
a separate account. Once the $3,000 threshold is exceeded, the |
|
|
candidate or officeholder is required to comply with Subsection (a) |
|
|
until all of the political contributions are expended. |
|
|
(c) A person who violates this section commits an offense. |
|
|
An offense under this section is a Class B misdemeanor. |
|
|
SECTION 5. Subchapter B, Chapter 253, Election Code, is |
|
|
amended by adding Section 253.0401 to read as follows: |
|
|
Sec. 253.0401. SEPARATE ACCOUNTS FOR POLITICAL COMMITTEES. |
|
|
(a) Except as provided by Subsection (b), a political committee |
|
|
shall deposit all of the committee's political contributions in one |
|
|
or more accounts that are separate from any other account |
|
|
maintained by the political committee, not later than the fifth day |
|
|
after the date the committee accepts the contribution. |
|
|
(b) A political committee that does not accept political |
|
|
contributions that in the aggregate exceed $3,000 in a calendar |
|
|
year is not required to deposit political contributions in a |
|
|
separate account. Once the $3,000 threshold is exceeded, the |
|
|
committee is required to comply with Subsection (a) until all of the |
|
|
political contributions are expended. |
|
|
(c) A person who violates this section commits an offense. |
|
|
An offense under this section is a Class B misdemeanor. |
|
|
SECTION 6. Subchapter D, Chapter 253, Election Code, is |
|
|
amended by adding Section 253.105 to read as follows: |
|
|
Sec. 253.105. CONTRIBUTIONS TO DIRECT EXPENDITURE ONLY |
|
|
COMMITTEES. A corporation or labor organization may make a |
|
|
political contribution from its own property to a political |
|
|
committee that: |
|
|
(1) makes direct campaign expenditures; |
|
|
(2) does not make or intend to make political |
|
|
contributions; and |
|
|
(3) has filed an affidavit with the commission stating |
|
|
the committee's intention to operate as described by Subdivisions |
|
|
(1) and (2). |
|
|
SECTION 7. Section 254.001(d), Election Code, is amended to |
|
|
read as follows: |
|
|
(d) A person required to maintain a record under this |
|
|
section shall preserve the record for at least four [two] years |
|
|
beginning on the filing deadline for the report containing the |
|
|
information in the record. |
|
|
SECTION 8. Section 254.031(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as otherwise provided by this chapter, each |
|
|
report filed under this chapter must include: |
|
|
(1) the amount of political contributions from each |
|
|
person that in the aggregate exceed $100 [$50] and that are accepted |
|
|
during the reporting period by the person or committee required to |
|
|
file a report under this chapter, the full name and address of the |
|
|
person making the contributions, and the dates of the |
|
|
contributions; |
|
|
(2) the amount of loans that are made during the |
|
|
reporting period for campaign or officeholder purposes to the |
|
|
person or committee required to file the report and that in the |
|
|
aggregate exceed $100 [$50], the dates the loans are made, the |
|
|
interest rate, the maturity date, the type of collateral for the |
|
|
loans, if any, the full name and address of the person or financial |
|
|
institution making the loans, the full name and address, principal |
|
|
occupation, and name of the employer of each guarantor of the loans, |
|
|
the amount of the loans guaranteed by each guarantor, and the |
|
|
aggregate principal amount of all outstanding loans as of the last |
|
|
day of the reporting period; |
|
|
(3) the amount of political expenditures that in the |
|
|
aggregate exceed $100 and that are made during the reporting |
|
|
period, the full name and address of the persons to whom the |
|
|
expenditures are made, and the dates and purposes of the |
|
|
expenditures; |
|
|
(4) the amount of each payment made during the |
|
|
reporting period from a political contribution if the payment is |
|
|
not a political expenditure, the full name and address of the person |
|
|
to whom the payment is made, and the date and purpose of the |
|
|
payment; |
|
|
(5) the total amount or a specific listing of the |
|
|
political contributions of $100 [$50] or less accepted and the |
|
|
total amount or a specific listing of the political expenditures of |
|
|
$100 or less made during the reporting period; |
|
|
(6) the total amount of all political contributions |
|
|
accepted and the total amount of all political expenditures made |
|
|
during the reporting period; |
|
|
(7) the name of each candidate or officeholder who |
|
|
benefits from a direct campaign expenditure made during the |
|
|
reporting period by the person or committee required to file the |
|
|
report, and the office sought or held, excluding a direct campaign |
|
|
expenditure that is made by the principal political committee of a |
|
|
political party on behalf of a slate of two or more nominees of that |
|
|
party; |
|
|
(8) as of the last day of a reporting period for which |
|
|
the person is required to file a report, the total amount of |
|
|
political contributions accepted, including interest or other |
|
|
income on those contributions, maintained in one or more accounts |
|
|
in which political contributions are deposited as of the last day of |
|
|
the reporting period; |
|
|
(9) any credit, interest, rebate, refund, |
|
|
reimbursement, or return of a deposit fee resulting from the use of |
|
|
a political contribution or an asset purchased with a political |
|
|
contribution that is received during the reporting period and the |
|
|
amount of which exceeds $100; |
|
|
(10) any proceeds of the sale of an asset purchased |
|
|
with a political contribution that is received during the reporting |
|
|
period and the amount of which exceeds $100; |
|
|
(11) any investment purchased with a political |
|
|
contribution that is received during the reporting period and the |
|
|
amount of which exceeds $100; |
|
|
(12) any other gain from a political contribution that |
|
|
is received during the reporting period and the amount of which |
|
|
exceeds $100; and |
|
|
(13) the full name and address of each person from whom |
|
|
an amount described by Subdivision (9), (10), (11), or (12) is |
|
|
received, the date the amount is received, and the purpose for which |
|
|
the amount is received. |
|
|
SECTION 9. Section 254.0311(b), Election Code, is amended |
|
|
to read as follows: |
|
|
(b) A report filed under this section must include: |
|
|
(1) the amount of contributions from each person, |
|
|
other than a caucus member, that in the aggregate exceed $100 [$50] |
|
|
and that are accepted during the reporting period by the |
|
|
legislative caucus, the full name and address of the person making |
|
|
the contributions, and the dates of the contributions; |
|
|
(2) the amount of loans that are made during the |
|
|
reporting period to the legislative caucus and that in the |
|
|
aggregate exceed $100 [$50], the dates the loans are made, the |
|
|
interest rate, the maturity date, the type of collateral for the |
|
|
loans, if any, the full name and address of the person or financial |
|
|
institution making the loans, the full name and address, principal |
|
|
occupation, and name of the employer of each guarantor of the loans, |
|
|
the amount of the loans guaranteed by each guarantor, and the |
|
|
aggregate principal amount of all outstanding loans as of the last |
|
|
day of the reporting period; |
|
|
(3) the amount of expenditures that in the aggregate |
|
|
exceed $100 [$50] and that are made during the reporting period, the |
|
|
full name and address of the persons to whom the expenditures are |
|
|
made, and the dates and purposes of the expenditures; |
|
|
(4) the total amount or a specific listing of |
|
|
contributions of $100 [$50] or less accepted from persons other |
|
|
than caucus members and the total amount or a specific listing of |
|
|
expenditures of $100 [$50] or less made during the reporting |
|
|
period; and |
|
|
(5) the total amount of all contributions accepted, |
|
|
including total contributions from caucus members, and the total |
|
|
amount of all expenditures made during the reporting period. |
|
|
SECTION 10. Section 254.036, Election Code, is amended by |
|
|
adding Subsections (f-1) and (h-1) to read as follows: |
|
|
(f-1) A report filed under this chapter with an authority |
|
|
other than the commission may be filed electronically by using |
|
|
computer software developed by the commission, if the software has |
|
|
the capability of being used for filing reports with other entities |
|
|
and the authority with whom the report is required to be filed has |
|
|
adopted rules and procedures to provide for the filing of the report |
|
|
using the software. |
|
|
(h-1) An authority other than the commission with whom a |
|
|
report is required to be filed under this chapter may not require |
|
|
that a report filed by means of electronic transfer, including by |
|
|
the use of computer software developed by the commission, be |
|
|
accompanied by a notarized affidavit containing the statement in |
|
|
Subsection (h), provided that the report is filed in accordance |
|
|
with the rules and procedures adopted by the authority. |
|
|
SECTION 11. Section 254.0611(a), Election Code, is amended |
|
|
to read as follows: |
|
|
(a) In addition to the contents required by Sections 254.031 |
|
|
and 254.061, each report by a candidate for a judicial office |
|
|
covered by Subchapter F, Chapter 253, must include: |
|
|
(1) the total amount of political contributions, |
|
|
including interest or other income, maintained in one or more |
|
|
accounts in which political contributions are deposited as of the |
|
|
last day of the reporting period; |
|
|
(2) for each individual from whom the person filing |
|
|
the report has accepted political contributions that in the |
|
|
aggregate exceed $100 [$50] and that are accepted during the |
|
|
reporting period: |
|
|
(A) the principal occupation and job title of the |
|
|
individual and the full name of the employer of the individual or of |
|
|
the law firm of which the individual or the individual's spouse is a |
|
|
member, if any; or |
|
|
(B) if the individual is a child, the full name of |
|
|
the law firm of which either of the individual's parents is a |
|
|
member, if any; |
|
|
(3) a specific listing of each asset valued at $500 or |
|
|
more that was purchased with political contributions and on hand as |
|
|
of the last day of the reporting period; |
|
|
(4) for each political contribution accepted by the |
|
|
person filing the report but not received as of the last day of the |
|
|
reporting period: |
|
|
(A) the full name and address of the person |
|
|
making the contribution; |
|
|
(B) the amount of the contribution; and |
|
|
(C) the date of the contribution; and |
|
|
(5) for each outstanding loan to the person filing the |
|
|
report as of the last day of the reporting period: |
|
|
(A) the full name and address of the person or |
|
|
financial institution making the loan; and |
|
|
(B) the full name and address of each guarantor |
|
|
of the loan other than the candidate. |
|
|
SECTION 12. Section 254.151, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition |
|
|
to the contents required by Section 254.031, each report by a |
|
|
campaign treasurer of a general-purpose committee must include: |
|
|
(1) the committee's full name and address; |
|
|
(2) the full name, residence or business street |
|
|
address, and telephone number of the committee's campaign |
|
|
treasurer; |
|
|
(3) the identity and date of the election for which the |
|
|
report is filed, if applicable; |
|
|
(4) the name of each identified candidate or measure |
|
|
or classification by party of candidates supported or opposed by |
|
|
the committee, indicating whether the committee supports or opposes |
|
|
each listed candidate, measure, or classification by party of |
|
|
candidates; |
|
|
(5) the name of each identified officeholder or |
|
|
classification by party of officeholders assisted by the committee; |
|
|
(6) the principal occupation of each person from whom |
|
|
political contributions that in the aggregate exceed $100 [$50] are |
|
|
accepted during the reporting period; |
|
|
(7) the amount of each political expenditure in the |
|
|
form of a political contribution made to a candidate, officeholder, |
|
|
or another political committee that is returned to the committee |
|
|
during the reporting period, the name of the person to whom the |
|
|
expenditure was originally made, and the date it is returned; |
|
|
(8) on a separate page or pages of the report, the |
|
|
identification of any contribution from a corporation or labor |
|
|
organization made and accepted under Subchapter D, Chapter 253; and |
|
|
(9) on a separate page or pages of the report, the |
|
|
identification of the name of the donor, the amount, and the date of |
|
|
any expenditure made by a corporation or labor organization to: |
|
|
(A) establish or administer the political |
|
|
committee; or |
|
|
(B) finance the solicitation of political |
|
|
contributions to the committee under Section 253.100. |
|
|
SECTION 13. Section 254.161, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF |
|
|
CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee |
|
|
other than the principal political committee of a political party |
|
|
or a political committee established by a political party's county |
|
|
executive committee accepts political contributions or makes |
|
|
political expenditures for a candidate or officeholder, notice of |
|
|
that fact shall be given to the affected candidate or officeholder |
|
|
as provided by Section 254.128 for a specific-purpose committee. |
|
|
An out-of-state political committee that is required to comply with |
|
|
this section shall designate an officer of the committee to provide |
|
|
the notice. |
|
|
SECTION 14. Section 254.261, Election Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) This section applies to an out-of-state political |
|
|
committee that does not file a campaign treasurer appointment. |
|
|
SECTION 15. Sections 253.037(a) and (c), Election Code, are |
|
|
repealed. |
|
|
SECTION 16. The amendment by this Act of Section |
|
|
254.001(d), Election Code, applies to any record that contains |
|
|
information necessary for filing a report under Chapter 254, |
|
|
Election Code, for which the filing deadline was on or after |
|
|
September 1, 2013. |
|
|
SECTION 17. Sections 254.031(a), 254.0311(b), 254.0611(a), |
|
|
and 254.151, Election Code, as amended by this Act, apply only to a |
|
|
report under Chapter 254, Election Code, that is required to be |
|
|
filed on or after the effective date of this Act. A report under |
|
|
Chapter 254, Election Code, that is required to be filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the report is required to be filed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 18. This Act takes effect September 1, 2015. |